Legal Question in Criminal Law in India

On 25 May 11 my brother was on night duty in a part of a police station. on 26th morning relieving guard came with a girl saying she is his relative, would relax for some time will become fresh and will go. My brother did not en-quired much as he is shy. Some of the police staff from somewhere else saw the incident and recognized the girl as prostitute. They came and caught him red handed with the girl. Girl and the guy were taken inside the police station. My brother was also called later on for witnessing. But due to old anger and hot talk with the police i/c because of duty related matter in the past, he was also fixed along with the said guy under 376/109 saying that my brother was helping to rape by guarding them. The charge sheet was made saying Girl was raped by showing dream of marriage. And my brother helped to do so. Though girl said he didn't do anything but standing outside. He was so targeted that his mobile was seized and also included in the charge sheet that hot photos were also in the phone. Media was called. And publicized the matter. Now my brother is in jail. He is suffering because of others crime, and conspiracy by the officer i/c. Hearing date is 8th Jun 11. What to do i don't know, please guide. How he can be saved. He is 25 years and having a disease called heisteria(mirgi). Attacks come few often. Takes medicine every day. And no criminal case of earlier. Belongs to a decent family.


Asked on 5/27/11, 9:32 am

3 Answers from Attorneys
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

i can answer your query but it is better for you to contact me in my number 9874753359

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Answered on 5/27/11, 9:37 pm
shiv shakner saini saini law

how you can say that he was not involved? if not then why did he allowed them to do so? he is in police and used to deal such type of matter . he is not a child so not aware of all this.

let him face whatever he did. he knows much better then you.

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Answered on 5/27/11, 10:29 pm
Shrichand Nahar S.V.Nahar, Advocate

Based on the FIR/Statement of the alleged victim, apply for the bail, which is likely to be granted.

In view of the statement of the alleged victim, your brother has good chances of getting out of the case. However, it is advisable that an experienced lawyer is engaged to defend your brother during the trial as also for the bail.

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Answered on 5/28/11, 2:52 am


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